City Council Work Session
September 22, 2014
Present were: Mayor Grenier, Councilors Otis, Benski, Higbee, and Theberge; Councilors Nelson, Morgan-Allain, Rozek and Remillard, were absent
Others present: City Manager Jim Wheeler, Tom McCue, Esq., Housing Coordinator Linda White, Waste Water Superintendent Henry Noel, and Public Works Director Mike Perreault
Mayor Grenier opened the meeting at 6:30 p.m.
Legislative Policies
Mayor Grenier introduced Tom McCue noting that he is on the Coos County Planning Board, City Planning Board, is a former City Council member and has been the City’s representative on NHMA’s Legislative Committee for several years. Mr. McCue indicated that the legislative process offers guidance from each of the cities and towns about legislation they would like to see in the next session. legislature. The committees are Finance & Revenue, General Government and Land Use & Development. Each committee meets several times then categorizes the proposed legislation into the following priorities: action policy, priority policy and standing policy. The land use policies were reviewed by the Planning Board and there were no issues.
Mr. McCue reviewed each policy with the Council.
1. Tax rate setting is in regard to the DRA and their collecting of information to set the tax rate. There was concern about utilities.
2. Changing 83-F to prevent the use of the DRA’s utility value other than for tax purposes. Mayor Grenier added that Coos County won its appeal at the Supreme Court; however the ruling was not put into the law. Utilities are challenging assessments in small communities with limited tax base so that they will settle out of court.
3. Legislation that deals with appeals of tax valuations. Income and expense statements would not be accepted after the fact. Mayor Grenier commented that the BTLA is not the right body for the appeal of the valuation of utilities; appeals should go to Superior Court. A court case becomes case law and a similar case could be addressed without going through the BTLA process.
4. Elderly exemption questions whether the income of everyone in the household should be considered; it is more about fairness and uniformity.
5. Does not pertain to Berlin
6. Budget committees have a 10% limit on increasing the budget but there is no limit on decreasing; this legislation would limit decreasing.
7. Public real estate taxable with private occupants. Clarifies the law to say that if public land is used privately, it would be taxable.
8. Pollution control exemption do away or at least add a term limit.
9. Disabled exemptions would be prorated if a disabled person owns a fractional interest.
10. Legislation would impose a penalty if information is not provided for current use.
11. The recording fee at the registry of deeds would become part of the recovery for deferral of tax payments.
12. Flood control payments. Programs have not been fully funded.
Standing policies include no downshifting of cost; State education funding; Retirement; and Utility appraisal method.
Under General Administration the following legislation is being considered:
-Legislation permitting blue lights on fire department vehicles. Councilor Theberge was opposed saying that the use of blue lights would bring about complacency. Mr. McCue reported that the idea behind the legislation is that blue lights will slow traffic and people don’t slow down for red or yellow.
-Legislation clarifying Right to Know costs and adding the allowance of fees in the law.
-Firearms in the work place. It has been determined that people can carry firearms on public property. This legislation would provide immunity against suit against a city or town where a firearm was unintentionally discharged.
-On a Welfare lien, there is a piece of legislation that would raise the priority to just under a mortgage.
-Cross border liability legislation offers law enforcement immunity when assistance is given from a community in a neighboring state.
-Legislation regarding 91 A, the exemption for consultation with counsel would be expanded to the point where a meeting discussing written legal correspondence would be exempt. Mayor Grenier cautioned to air on the side of transparency.
-Public notice requirements would include electronic notification as one of the two places to post.
-Long term storage of records, legislation would change the law so that methods other than microfilm or paper could be used for storage.
-Building plans need to be submitted as part of a building permit and this legislation would allow some of the plans such as alarms, water, electric, to remain confidential for safety purposes.
-Legislation regarding Municipal departments and motor vehicle information, where municipal personnel who offer general assistance or asset based tax relief would have access to the motor vehicle information. Mayor Grenier commented that the State releases the records and there is no reason that municipal officials should not be able to get it.
-Mayor Grenier questioned the legislation regarding RSA 674:54 requiring applicants to notify and appear before local planning boards prior the construction of energy facilities. He added that requiring SEC to report to every community along the route for Northern Pass would serve only to delay the process. Mr. McCue noted that most applicants go to local boards as a courtesy. Councilor Benski suggested that the appearance could be at the request of the governing body. Mayor Grenier thanked Mr. McCue.
Property Dispositions
Linda White reported that the former owners of tax deeded properties issued in 2014 complied with getting out of the buildings. She reviewed her recommendations for property disposition with the Council. Mayor Grenier was not in favor of rehabilitating 592 Rockingham Street saying that we are doing the community no justice by rehabilitating substandard property. Ms. White stated that there are limited funds for demolition and properties the City holds on to tend to go into further deterioration.
Ms. White indicated that there are 15 properties on the demo list. Mayor Grenier commented that once the City gets to its projected revenues from property sales, the remainder could be appropriated to demolition. Mayor Grenier stated that rents need to be brought in line with services
Councilor Higbee moved with a second from Councilor Benski to accept the following recommendations from the Housing Coordinator on the properties listed below: The City Manager is hereby authorized, indefinitely until rescinded, to offer for sale at the earliest appropriate opportunity, the properties listed below by sealed bid with conditions as indicated for each property or take the appropriate action as otherwise indicated:
Map/Lot 119-0326.000 645 First Avenue .10 acre: This parcel will be offered for sale by sealed bid to the abutters with the minimum bid being $1000 due to undersized lot.
Map/Lot 105-0017.000, 155 Jericho Road 2.67 acres: This parcel and building will be offered for sale to physical abutters only, with the condition that the building is abated and demolished within 90 days of the purchase date and the land merged with their existing property. The present assessed valuation is ($65,900) and the property is in poor condition. The minimum bid is $6,590. Upon successful completion of the abatement and demolition within the time frame allotted, the City of Berlin will refund $5,000 to the successful bidder. The sale of this property will be subject to a reverter if the conditions of the sale are not met.
Map/Lot 119-0189.000, 158 Willard Street .11 acre: This parcel and building will be offered for sale by sealed bid with the minimum bid being determined by condition (fair/good), lot size, and assessed valuation ($76,300). Minimum bid is $11,445. The purchasing party is required to renovate and make the property habitable within 12 months of the purchase date and meet the requirements set forth in the then current City Ordinances. City Code Enforcement will make the final determination as to the fitness of the building. The sale of this property will be subject to a reverter if the conditions of the sale are not met.
Map/Lot 119-0208.000, 175 Washington St. .11 acre: This parcel and building will be offered for sale by sealed bid with the minimum bid being determined by condition (poor/fair), lot size, and assessed valuation ($30,700). Minimum bid is $7,675. The purchasing party is required to renovate and make the property habitable within 12 months of the purchase date and meet the requirements set forth in the then current City Ordinances. City Code Enforcement will make the final determination as to the fitness of the building. The sale of this property will be subject to a reverter if the conditions of the sale are not met.
Map/Lot 129-0006.000, 323 School Street .23 acre: This parcel and building will be offered for sale by sealed bid with the minimum bid being determined by condition (fair/poor), lot size, and assessed valuation ($30,900). Minimum bid is $7,725. The purchasing party is required to renovate and make the property habitable within 12 months of the purchase date and meet the requirements set forth in the then current City Ordinances. City Code Enforcement will make the final determination as to the fitness of the building. The sale of this property will be subject to a reverter if the conditions of the sale are not met.
Map/Lot 130-0035.000, 677 King Street .23 acre: This parcel and building will be offered for sale by sealed bid with the minimum bid being determined by condition (fair/good), lot size, and assessed valuation ($76,800). Minimum bid is $15,360. The purchasing party is required to renovate and make the property habitable within 12 months of the purchase date and meet the requirements set forth in the then current City Ordinances. City Code Enforcement will make the final determination as to the fitness of the building. The sale of this property will be subject to a reverter if the conditions of the sale are not met.
Property Recommendations for Demolition:
The following properties have been recommended for demolition. Assessments are based on the present deteriorated condition or prohibitive conditions (no electrical, heating systems, major structural concerns etc.) that would discourage further reinvestment in the property. Other determining factors include extremely congested neighborhoods and minimal lot size that prevents reasonable parking for owner/tenants.
Map/Lot 119-0103.000, 108 High Street .11 acre:
Condition factors include deteriorated roof, outdated electrical & plumbing, collapsed garage, and other structural concerns. Lot is undersized with shared driveway.
Map/Lot 119-0309.000, 4 Bell Lane .09 acre:
Condition factors include deteriorated roof, structural concerns, asbestos in piping and siding. Lot is extremely undersized and cramped lane allows for no parking and/or turnaround.
Map/Lot 120-0418.000, 418 Church St .14 acre:
Condition factors include serious water damage throughout, destruction of full interior, removal of all systems including heat, hot water, plumbing & wiring. Tight lot with minimal parking.
Waste Water Treatment Project
Mr. Wheeler reported that the City closed on a $12.5 million Rural Development loan last week. Mr. Noel and his staff have had to work through the upgrade and run the plant as the upgrade is taking place. Mr. Noel added that this project has been four years in the making with 1.5 years of planning and 2.5 years of construction.
The plant was updated to have the capability to handle growth. The federal prison precipitated the plan and capacity was increased from 2.6 million to 3 million gallons of throughput. The chlorine treatment was seen as inadequate and the treatment facility now uses hypo chlorite. Storage tanks were built to accommodate the chemical.
The electrical was upgraded; there is an energy recovery unit, and ventilation with heat recovery. The building was designed with 1978 loading and cross braces were added as structural reinforcement to meet today’s standards. The machine room is still under construction.
Mayor Grenier asked if the I & I work the city has been doing has had an impact on the flows seen at the treatment plant. Mr. Noel confirmed he sees a difference where there is a lot of rain in a short amount of time. The aftereffects would last for weeks in the past but are now gone in a day or two.
Mr. Wheeler noted that the City is working with the State and the EPA on a long term control plan. There could still be violations of the permit but that is expected in extreme weather.
Mr. Noel showed an image of the computerized SCADA system that allows control of the plant from an IPad. The operators can see what is going on with the press and there are four stations at the plant where SCADA can be accessed.
Mr. Wheeler explained that the funding strategy was to pay the $12.5 million after construction was complete and the City received interim financing from the State during the project. The loan has been closed and we were surprised to learn that the full term of borrowing cannot exceed 30 years so they backed out the number of years of interim financing which decreases the term to 23 years increasing the payments. Mr. Wheeler added that he will make an argument to extend the term to 30 years.
PWD Position Vacancy
Mr. Perreault reported that he has someone retiring and he is seeking the authority to fill the vacancy. Councilor Benski moved to fill the vacant position; Councilor Higbee seconded and the motion carried.
Communication re: Safety Issue on School and Willard Street
Councilor Benski moved to send the communication to the Safety Committee; Councilor Otis seconded and the motion carried.
Other
There were no items under “other”
Councilor Higbee moved to adjourn; Councilor Theberge seconded and the motion carried. The meeting ended at 8:50 p.m.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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